Background:
Anthony Joseph Starrs, the plaintiff, worked for Heidelberg Materials Canada Limited (HMC) from 2004 to 2020 and was terminated for alleged breaches of HMC’s drug and alcohol policy, based partly on a report by Integrated Risk Investigations Security Solutions Corp. (IRISS). Starrs claimed wrongful dismissal but alleged his lawyers, Kasia Troczynski and Taylor Janis LLP, missed a critical limitation date, preventing his claim. He pursued a professional negligence case against them.

Legal Issues:
The case raised two main issues:

1. Whether solicitor-client privilege protected the IRISS report. The court found it did not, as the report’s preparation was not essential to the solicitor-client relationship.

2. Whether the plaintiff could obtain the report from a non-party. The court exercised discretion under Rule 7-1(18) to deny disclosure, citing limited probative value versus significant privacy risks to witnesses, potentially exposing them to reprisals.

Decision:
The court dismissed Starrs’ application to compel the report’s production, prioritizing the privacy and safety of witnesses over the document's relevance to the negligence claim. It ruled that the defendants' actions could not be evaluated based on the withheld report, which they did not possess during their representation.

Costs Award:
Heidelberg Materials Canada Limited was awarded costs at Scale B against Anthony Joseph Starrs. Financial terms were not specified.